A/HRC/4/98*
page 17
IX. RECOMMENDATIONS
72.
In view of the situation described in this report, I make the following
recommendations:
(a)
The Government and international security forces should ensure that
international humanitarian and human rights principles are upheld in relation to the
protection of civilians in armed conflict. This should include taking all necessary measures
to mitigate and limit the risk to civilians during military operations, to ensure prompt
investigations into civilian casualties and to pay compensation to the families of civilians
killed and injured in the conflict. NATO is urged to establish a discretionary fund and
place it at the disposal of national contingents to provide immediate reparations to civilian
casualties of NATO/ISAF military action and their families.
(b)
Non-State entities involved in the armed conflict in Afghanistan are also
called upon to abide by common article 3 of the Geneva Conventions of 1949.
(c)
In view of the intensification of armed conflict in parts of Afghanistan, the
adequacy of the mandate of UNAMA to protect civilians should be closely examined with a
view to strengthening it where necessary.
(d)
The Government should increase efforts to apply a rights-based approach to
the Afghanistan Compact. This should include appropriate disaggregated indicators to
measure progress in poverty reduction for vulnerable groups and ensure participation of
all sectors of Afghan society in the monitoring of the Afghanistan Compact and ANDS,
particularly of groups suffering discrimination such as women, people with disabilities,
nomadic groups and the chronically poor. Policies should include a strategy on
employment creation for the most vulnerable in rural areas.
(e)
The Government is urged to address the failure of health-care services in
rural areas to be accessible to many women: efforts to achieve a reduction of child and
maternal mortality in accordance with the Millennium Development Goals should continue
while urgent action should be taken to reduce customary and security obstacles preventing
girls from enrolling in and completing primary education.
(f)
The Government should incorporate a rights-based approach to ANDS by
harmonizing international reporting requirements under treaties such as the International
Covenant on Economic, Social and Cultural Rights with the monitoring of the Afghanistan
Compact/ANDS. This involves integrating international legal obligations with the
equivalent ANDS targets in order to further delineate a clear framework of accountability
for the Government and incorporate internationally recognized standards for
measurement of progress in human rights and development.
(g)
The international community should continue to provide financial and
technical support to the Government to conduct a full poverty and gender analysis of the
impact of local-level development programmes; and, the Government needs to ensure that
any conclusions are fully integrated into ANDS in order to achieve progressive realization
of economic and social rights.
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